Proposals shall be submitted to the Ministry of Territorial Administration who shall, in
turn, draw up the list and send same to the Council of Ministers for appointment.
133. Article 15 of the impugned law, as amended by Order N° 2020-306 of4 March
2020, provides that:
The members of the Regional Commission are:
- one personality proposed by the prefect of the Region;
- three personalities proposed by the party or political group in power;
- four personalities proposed by opposition political parties or political groups.
134. Article 16 of the impugned law, as amended by Order N° 2020-306 of 4 March
2020, stipulates that:
The members of the Departmental Commission shall be:
- one personality proposed by the Prefect of the Department;
- three personalities proposed by the party or political group in power;
- four personalities proposed by opposition political parties or political groups.
135. Article 17 of the impugned law, as amended by Order N° 2020-306 of 4 March
2020, provides that:
The IEC creates,
on the proposal of the Departmental
Commission,
as many sub-
prefectoral or communal Commissions as may be needed to carry out its duties.
The members of the sub-prefectoral or communal Commissions shall be:
- one personality proposed by the Sub-Prefect;
- three personalities proposed by the party or political group in power;
- four personalities proposed by the opposition political parties or political groups.
136. The
Applicants
contend
that
the
electoral
body
lacks
independence
and
impartiality because it is composed of political parties’ representatives, who, in
the Applicants’ view, should not be part of an electoral body since they have a
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